|
INDEMNIFICATION PROVISIONS/RISKS
<br />Score of Services - CLIENT recognizes that geotechnical engineering and environmental consulung for a given pr*a begins with
<br />development of a scope of services specifically for that project, reflecting the preferences of both CLIENT and CONDOR. The scope of
<br />services for this project was developed by a party other than CONDOR. and thus CONDOR can make no claims as to its adequacy, since
<br />CONDOR was not involved in or privy to the information and considerations that it reflects. Accordingly, CONDOR is forced to assume that
<br />the scope of services is fully adequate for CLIENT's purposes, since CLiEN'T issued the workscope, and CONDOR assumes further that
<br />CLIENT has an alternative source from which to obtain any needed or desired services not listed. Accordingly, CLIENT waives any, claim
<br />against CONDOR, and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss allegedly arising
<br />from CONDOR's failure to perform services limited by or not included in the CLIENT -provided scope of services. CLIENT also agrees to
<br />compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any such claim, in accordance with CONDOR's
<br />current fee schedule and expense reimbursement policy.
<br />information Provided By Others - CONDOR shall indicate to CLIENT the information needed for rendering of service hereunder, mid
<br />CLIENT shall provide to CONDOR such information as is available to CLIENT. CLIENT recognizes that it is impossible for CONDOR to
<br />assure sufficiency of such information, either because it is impossible to do so, or because of errors or omissions that may have occurred in
<br />assembling the information. Accordingly, CLIENT waives any claim against CONDOR, and agrees to defend, indemnify and hold CONDOR
<br />harmless from any claim or liability for injury or loss allegedly arising from errors, omissions or inaccuracies in documents or other
<br />information provided to CONDOR by CLIENT. Further, CLIENT agrees to compensate CONDOR for any time spent or expense incurred by
<br />CONDOR in defense of any claim, with such compensation to be based upon CONDOR's current fee schedule and expense reimbursement
<br />Policy.
<br />R2ht to Enter - CLIENT shall provide for CONDOR's right to enter from time to time property owned by CLIENT and/or other(s) in order for
<br />CONDOR to fulfill the scope of services indicated hereunder. CLIENT understands that use of exploration equipment may unavoidably cause
<br />some damage. the correction of which is not pan of this Agreement. CLIENT also understands that the discovery of certain conditions and/or
<br />taking preventive measures relative to these conditions may result in a reduction of the property's value. Accordingly, CLIENT waives any
<br />claim against CONDOR, and agrees to defi:-nd, indemnify and hold CONDOR harmless from any claim or liability for injury or loss allegedly
<br />arising from procedures associated with subsurface exploration activities or discovery of hazardous materials or suspected hazardous materials.
<br />In addition, CLIENT agrees to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any such claim, with
<br />compensation to be based upon CONDOR's current fee schedule and expense reimbursement policy.
<br />Buried Utilities - CLIENT will furnish to CONDOR information identifying the type and location of utility lines and other man-made objects
<br />beneath the site's surface. CONDOR will take reasonable precautions to avoid damaging these man-made objects and will, prior to penetrating
<br />the site's surface. furnish to CLIENT a plan indicating the locations intended for these penetrations with respect to which CONDOR has been
<br />told are the locations of utilities and other man-made objects beneath the site's surface. CLIENT will approve the location of these penetrations
<br />prior to their being made and CLIENT will authorize CONDOR to proceed. CLIENT agrees to waive any claim against CONDOR, and to
<br />defend. indemnify and hold CONDOR harmless from any claim or liability for injury or loss allegedly arising from CONDOR's damaging
<br />underground utilities or other man-made objects that were not called to CONDOR's attention or which were not properly located on plans
<br />furnished to CONDOR. CLIENT further agrees to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of
<br />any such claim, in accordance with CONDOR's current fee schedule and expense reimbursement policy.
<br />Jobsnc Safety - Insofar as jobsite safety is concerned, CONDOR is responsible solely for CONDOR's employees* activities on the jobsite, but
<br />this shall not be construed to relieve CLIENT or any construction contractors from their responsibilities for maintaining a safe jobsite. Neither
<br />the professional activities of CONDOR, nor the presence of CONDOR employees and subcontractors. shall be construed to imply CONDOR
<br />has any responsibility for methods of work performance, superintendence, sequencing of construction, or safety in, on or about the jobsite.
<br />CONDOR shall not have the responsibility, authority or ability to remove or correct jobsite hazards- CLIENT agrees that the General
<br />Contractor is solely responsible for jobsite safety, and ivarranLs that this intent shall be made evident in the CLIENT's agreement with die
<br />General Contractor. CLIENT also warrants that CONDOR shall be made an additional insured under the General Contractor's general liability
<br />insurance policy.
<br />Aquifer Contamination -Subsurface sampling may result in unavoidable contamination of certain subsurface areas, as when a probe or boring
<br />device moves through a contaminated area linking it to an aquifer, underground stream or other hydrous body not previously contaminated
<br />and capable of spreading hazardous materials off-site. Because nothing can be done to eliminate the risk of such an occurrence, and because
<br />subsurface sampling is a necessary aspect of the work which CONDOR will perform on CLiENT's behalf, CLIENT waives any claim against
<br />CONDOR, and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss which may arise as a
<br />result of alleged cross -contamination caused by sampling. CLIENT further agrees to compensate CONDOR for any time spent or expenses
<br />inured by CONDOR in defense of any such claim, in accordance with CONDOR's current tee schedule and expense reimbursement policy.
<br />Discovery of Unanticipated Hazardous Malcrial5 - Hazardous materials or certain types of hazardous materials may exist at a site where there
<br />is no reason to believe they could or should he present. CONDOR and CLIENT agree that die discovery of unanticipated hazardous materials
<br />constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CONDOR and CLIENT also agree
<br />that the discovery of unanticipated hazardous materials will make it necessary for CONDOR to take inimediate measures to protect human
<br />health and safety, and'or the environment. CONDOR agrees to notify CLIENT as sown as practically possible should unanticipated hazardous
<br />materials or suspected hazardow, materials be encountered CLIENT encourages CONDOR to take any and all measures that in CONDOR's
<br />professional opinion arc jtstitied to preserve and protect the health and safety ofCONDOR's personnel and the public, and/or the environment.
<br />and CLIENT agrees to compensate CONDOR for die additional cost of such work. In addition, CLIENT waives any claim against CONDOR,
<br />and agrees to indemnify, defend and hold CONDOR harmless from any claim or liability for injury or loss arising from CONDOR's
<br />encountering of unanticipated hazardous materials or suspected hazardous materials. CLIENT also agrees to compensate CONDOR for any
<br />time spent and expenses incurred by CONDOR in defense of any such claim, vv ith such compensation to be based upon CONDOR's current tee
<br />schedule and expense reimbursement policy
<br />A
<br />#., Page 3 of6
<br />iklt:�
<br />CONDOR
<br />
|